Trenam Kemker

101 East Kennedy Boulevard Suite 2700
Tampa, FL 33602, United States

  • 813-223-7474
  • 813-229-6553

“Law of the Flag” Held Not to Apply to Action on Unenforceable Gambling Debt in Florida Bankruptcy Court

In this bankruptcy contract case, the debtor, a cruise vessel operating as a gambling casino, fronted $200,000 to a blackjack gambler who submitted checks for the cash but then stopped payment on the checks. The debtor sued to…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Maritime Law

The Carriage of Goods at Sea Act Requires that Suit Be Brought Within One Year of “Delivery”

In this case, the plaintiff entered into a contract of carriage wherein the defendant agreed to ship pears to a consignee in Brazil. A later inspection discovered that the pears froze during the voyage, causing the fruits to…more
| Civil Procedure, Commercial Law & Contracts, Maritime Law, Transportation

No Claim for “Financial Unseaworthiness” When Passengers Never Board Vessel

This case arose in a bankruptcy proceeding. A creditor had pre-paid a substantial sum for cruises on a vessel. The vessel owner and operator filed bankruptcy before the cruises took place, and the creditor sought return of the…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Personal Injury, Maritime Law

Dismissal with Prejudice Not an Option for Failure to Serve Process Within 120 Days

In this breach of contract case, the trial court sua sponte dismissed a complaint “with prejudice” for failure to serve it within 120 days, after the court entered an order requiring service within 120 days…more
| Civil Procedure, Commercial Law & Contracts

Is a Floating Casino Subject to Maritime Jurisdiction?

In some cases, yes. In this case, a paddlewheel vessel, the Belle of Orleans. served as a dockside casino on Lake Pontchartrain. It became unmoored during Hurricane Katrina, damaged nearby property, and was liable for unpaid…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Maritime Law

A Contract to Repair a Vessel Is a Maritime Contract, but a Contract to Sell a Vessel Is Not.

In this case, an insurance company sued Mercury Marine and First Choice Marine after a boat dropped off for repairs was stolen from First Choice’s premises. The insurance company brought a subrogation claim, standing in the…more
| Commercial Law & Contracts, Insurance, Maritime Law

Cooper v. Meridian Yachts – Complex International Maritime Case

In this complex international admiralty case, a sea captain sustained an injury as a result of a defective food lift on a ship. The ship owner, manager, and employer brought third-party claims against the ship designer and…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, International Law & Trade, Maritime Law

Breach of Confidentiality Clause Leads to Disgorgement of Settlement

In this employment termination case, plaintiff Snay (a school principal), and Defendant, Gulliver (the school), settled and agreed to keep the settlement confidential. Four days after the parties signed the settlement…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

Employers Must Decide Whether to Pay or Play By 2015 (or is it 2016?)

The employer “shared responsibility” provision of the Affordable Care Act, is commonly referred to as an “employer mandate.” But it is more aptly called the “pay or play” rule, because employers will still not technically be…more
| Labor & Employment Law, Health, Taxation

Serving Privilege Log After Denial of Protective Order

In this insurance case, the trial court denied State Farm’s motion for protective order. On Appeal, State Farm argued that the trial court should have conducted an in-camera review or addressed the objections to the discovery. …more
| Civil Procedure, Civil Remedies

Protesting Classified Acquisitions

Even if an acquisition limits competition under one of the exceptions in Federal Acquisition Regulation 6.302, interested parties can still protest. One example of this is when interested parties protest classified acquisitions…more
| Civil Procedure, Government Contracting

Winning a Judgment Against a Mexican Corporation May be Priceless…Literally

The United States and Mexico share a strong economic relationship, but it is far from being free of complications. Mexico is the United States’ third largest trade partner, and is eclipsed only by Canada in US exports. The North…more
| Civil Procedure, Commercial Law & Contracts, International Law & Trade

No Discovery After Settlement

In this foreclosure case, certain borrower-defendants stipulated to a deficiency judgment, while one defendant did not. The non-settling defendant prevailed at trial on the basis that the lender lacked standing to pursue the…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

Person responding to subpoena entitled to costs of production

In this case, the trial court ordered a third party to produce documents that were alleged to be confidential, and denied the third party its costs in providing the production…more
| Civil Procedure, Civil Remedies

Postage-Meter Mark May Rebut Date Listed in Certificate of Service

In this foreclosure case, the bank moved for reconsideration after trial. The certificate of service in the motion listed the last day (day 10) to serve the motion. The postage-meter, however, listed the following day (day…more
| Civil Procedure, Real Estate - Residential
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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Communications & Media Law
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Florida
Number of Attorneys

25-50 Attorneys

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